TERMS AND CONDITIONS
TERMS AND CONDITIONS
Based: Štichova 46/668, 14900 Praha 4, Czech republic
For the sale of goods through online store located on the internet at www.eshop-hanyart.eu.
1. Introductory provisions
1.1. These terms and conditions (hereinafter "terms and conditions") of the HANYART.EU s.r.o., established at Štichova 46/668, 14900 Praha 4, identification number: (hereinafter referred to as "the seller") adjust, in accordance with the provisions of § 1751 paragraph. 1 of act no. 89/2012 Coll., the civil code, as amended (hereinafter "civil code"), mutual rights and obligations of the parties arising in connection with the basis of the purchase contract (hereinafter "purchase contract") concluded between the seller and another natural person (hereinafter referred to as "the buyer") via internet shop of the seller. Online store is operated by the seller on the website located at the internet address www.eshop-hanyart.eu (hereinafter referred to as the "website"), and through the interface of the website (hereinafter referred to as "web interface of the shop").
1.2. Business conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods within their business or in its separate profession.
1.3. Any provisions derogating from the commercial terms can be negotiated in the purchase contract. Divergent arrangements in the purchase contract take precedence over the provisions of the business terms and conditions.
1.4.The provisions of the business terms and conditions are an integral part of the purchase contract. Purchase contract and terms and conditions are written in the Czech or English language. The purchase contract can be concluded in the Czech or English language.
1.5. The seller may modify or supplement the text of the business conditions. This provision shall not affect the rights and obligations established during the effectiveness of the previous version of business conditions.
2. User account
2.1. On the basis of the buyer's registration made on the website the buyer can access their user interface. From its user interface the buyer can order goods (hereinafter "user account"). In case that the web shop interface allows, the purchaser may also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and when ordering goods the buyer is obliged to state correctly and truthfully all the data. The buyer is required to update the data referred to in the user account if any change of them occurs. The data referred to by the buyer in the user account and while ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by the username and the password. The buyer is obliged to maintain confidentiality regarding information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user's account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use their user account for more than 1 year, or in the case when the buyer breaches its obligations under the purchase agreement (including business conditions).
2.6. The buyer acknowledges that the user account may not be accessible continuously, in particular with regard to necessary maintenance of hardware and software equipment of the seller, or necessary maintenance of hardware and software equipment of third parties.
3. The conclusion of the purchase contract
3.1. All presentation of the goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732, paragraph. 2 of the civil code shall not apply.
3.2. The web interface of the shop contains information about the goods including the prices of individual goods and the costs for returning the goods, if the goods, by their nature, cannot normally be returned by post. Prices of goods are inclusive of value added tax and all related fees. The prices of goods remain in force for a period of time, when they are displayed in the web interface of the shop. This provision does not limit the seller to conclude a purchase contract under individually negotiated conditions.
3.3. The web interface of the shop also includes information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. For ordering the goods, the buyer fills in an order form in the web interface of the shop. The order form contains especially information about:
3.4.1. ordered goods ( the buyer "puts" ordered goods in the electronic shopping cart on the web shop interface),
3.4.2. the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods and
4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as "the order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data in the order submitted by the buyer, and also with regard to the option that the buyer detects and corrects errors when entering data into the order. The buyer sends the order by clicking on the button "Complete the order". The data referred to in the order are considered correct by the seller. The seller immediately after receipt of the order confirms this receipt to the buyer by e-mail to the e-mail address of the buyer specified in the user account or in the order (hereinafter referred to as "electronic address of the buyer").
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional order confirmation (e.g. in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises by delivery order acceptance that is sent by the seller to the buyer by electronic mail to the e-mail address of the buyer.
3.8. The buyer agrees with the use of distance communication means when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase contract (costs of internet connection, telephone costs) are covered by the buyer, and these costs are not different from the basic rate.
4. The price of the goods and payment conditions
4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
- cash on delivery at the place designated by the buyer in the order;
- cashless transfer to the account of the seller no 1070040002/5500, driven by the company Raiffeisenbank, plc. ( hereinafter referred to as "seller's account");
- through a loan granted by a third party.
with the purchase price, the buyer is obliged to pay the seller also costs
associated with packaging and delivery of the goods at an agreed rate. Unless
expressly stated otherwise the purchase price includes also the costs
associated with the delivery of the goods.
4.3. In the
case of payment in cash or in the case of payment on delivery, the purchase
price shall be payable upon receipt of goods. In the case of cashless payment,
the purchase price is payable within 5 days from conclusion of the purchase
4.4. In the
case of cashless payment, the buyer is obliged to reimburse the purchase price
of the goods together with stating the variable symbol of the payment. In the
case of cashless payment, the buyer's obligation to pay the purchase price is
fulfilled at the moment of crediting the relevant amount to the account of the
seller is entitled, in particular in the event that the buyer does not receive
additional confirmation of the order (art. 3.6), to require payment of the full
purchase price before sending the goods to the buyer. The provisions of § 2119,
para. 1 of the civil code shall not apply.
discounts from the price of the goods supplied by the seller to the buyer cannot
be mutually combined.
4.7. If it is in the usual course of trade or if so stipulated by generally binding legal regulations, the seller issues the buyer a tax document regarding payments made under a contract - an invoice. The seller is a payer of the value added tax. The tax document - invoice is issued by the seller to the buyer after the payment of the price of goods and the seller sends it in the electronic manner to the electronic address of the buyer.
5. Withdrawal from the purchase contract
5.1. The buyer acknowledges that pursuant to § 1837 of the civil code, cannot, inter alia, withdraw from the purchase contract for the supply of goods, which was adjusted according to the wishes of the buyer or to his person, from the purchase contract for the supply of goods subjected to rapid deterioration, as well as goods that was, after delivery, irreversibly mixed with other goods, from the purchase contract for the supply of sealed goods which the consumer has removed from its packaging and it is not possible to return them for hygiene reasons, and from the purchase contract for the supply of audio or video recordings or computer program, if their original packaging has been violated.
5.2. If this is not the case referred to in the article. 5.1 of commercial terms and conditions or any other case when you cannot withdraw from the purchase agreement, the purchaser has, in accordance with the provisions of § 1829 paragraph. 1 of the civil code, the right to withdraw from the purchase agreement within fourteen (14) days from reception of the goods, and in the case that the subject of the purchase are several types of goods or a delivery of several parts, the period runs from the date of reception of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the seller within the deadline referred to in the previous sentence. For the withdrawal from the purchase contract, the buyer may use a model form provided by the seller, annexed to the business conditions. The buyer may send the withdrawal from the purchase contract, inter alia, to the address of the seller or to the electronic mail address of the seller firstname.lastname@example.org.
5.3. In case of withdrawal from the purchase contract according to the article. 5.2 of the business terms of the purchase the agreement is cancelled. Goods must be returned to the seller by the buyer within fourteen (14) days from reception of the withdrawal from the purchase contract to the seller. If the purchaser withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller, and even in that case, when the goods cannot be returned because of their nature through a usual postal route.
5.4. In case of withdrawal from the purchase contract according to the article. 5.2 of the commercial terms, the seller returns the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase contract by the buyer in the same way the seller accepted them from the buyer. The seller is also entitled to return the payment provided by the buyer when returning the goods by the buyer or in another way, if the buyer will agree and will not incur the buyer additional costs. If the purchaser withdraws from the purchase contract, the seller is not obliged to return received funds to the buyer before the buyer returns the goods or proves that he has sent the goods to the seller.
5.5. Concerning the Claim to reimburse the damage incurred to the goods, the seller is entitled to unilaterally include the price of the damage against the buyer's right to refund the purchase price.
5.6. In cases where the buyer has, in accordance with the provisions of § 1829 paragraph. 1 of the civil code, the right to withdraw from the purchase contract, the seller is also entitled at any time to withdraw from the purchase agreement, up to the time of receipt of the goods by the buyer. In such a case, the seller returns the purchase price to the buyer without undue delay via a direct transfer to an account designated by the buyer.
5.7. If together with the goods a gift is provided to the buyer a gift agreement between the seller and the buyer is concluded with a subsequent condition that if there is a withdrawal from the contract by the buyer the donation agreement regarding such a gift loses efficiency and the buyer shall together with the goods return the provided gift to the seller.
6. Shipment and delivery of goods
6.1. In the case that the way of transport is negotiated on the basis of a specific request of the buyer, the buyer bears the risk and any additional costs associated with this way of transport.
6.2. If the seller is under the purchase contract obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
6.3. In the case that due to reasons on the side of the buyer it is necessary to deliver the goods repeatedly or otherwise than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, resp. costs associated with another delivery method.
6.4. When taking the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to immediately notify the carrier. In the case of finding a breach of the package indicating an intrusion into the consignment the buyer may not take the package.
6.5. Other rights and obligations of the parties during the carriage of goods may be subjected to special delivery conditions of the seller, if they are issued by the seller.
7. The rights of defective performance
7.1. The rights and obligations of the contracting parties regarding the rights of defective performance shall be governed by the relevant generally binding legislation (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and sections 2161 to 2174 of the civil code and act no. 634/1992 Coll., on consumer protection, as amended).
7.2. The seller is responsible to the buyer that the goods on receipt do not have defects. In particular, the seller is liable to the buyer, that at the time when the buyer received the goods:
7.2.1. the items have properties, which the parties have agreed, and, if there is the absence of agreement, the items have such properties that the seller or manufacturer described or the buyer expected given the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose that seller provides via their use or for which the goods of the same type are normally used,
7.2.3. the goods corresponds by its quality or performance with the agreed sample or draft, if the quality or design were determined according to the agreed sample or template,
7.2.4. is the item in the corresponding quantity, measure or weight and
7.2.5. the goods complies with the requirements of legislation.
7.3. The provisions referred to in the article. 7.2 of the business conditions do not apply in the case of goods sold at a lower price due to a defect because of which the lower price was negotiated, of the wear and tear goods caused by its common use, of used goods having a defect corresponding to the degree of use or wear of the goods at the time of the takeover by the purchaser, or if it arises from the nature of the goods.
7.4. If the defect manifests within six months after reception, it shall be deemed that the goods were already defective when received. The buyer is entitled to exercise the right of defect which occurs in the consumer goods in twenty-four months from the takeover.
7.5. Rights of defective performance shall be exercised by the buyer at the address of business of the seller where the acceptance of the complaint is possible with regard to the range of the sold goods, possibly also in the headquarters or place of business.
7.6. Other rights and obligations of the parties relating to the liability of the seller for defects can be modified by the complaint procedure of the seller.
8. Other rights and obligations of the contracting parties
8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. The seller is not, in relation to the buyer, bound by any codes of conduct within the meaning of § 1826 paragraph. 1. e) of the civil code.
8.3. Handling of consumer complaints is provided by the seller via the electronic address email@example.com. Information about the handling of the complaint the buyer sends the seller to the buyer's email address.
8.4. For the out-of-court settlement of consumer disputes concerning the contract of sale there is a relevant Czech trade inspection, based at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs. A platform for the online dispute resolution is located at the internet address https://ec.europa.eu/consumers/odr, it is possible to use it in the resolution of disputes between the seller and the buyer of the purchase contract.
8.5. The European consumer centre of the Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point according to a Regulation of the European parliament and of the Council (EU) no 524/2013 from the 21. May 2013 about the resolution of consumer disputes on-line and amending regulation (EC) no 2006/2004 and directive 2009/22/EC (regulation on consumer dispute resolution on-line).
8.6. The seller is entitled to sell the goods on the basis of a trade license. Trade control is carried out in the framework of its competence by the competent trade licensing office. Supervision of the protection of personal data is performed by the Office for the protection of personal data. The Czech trade inspection performs within the defined scope, inter alia, the supervision over compliance with act no. 634/1992 Coll., on consumer protection, as amended.
8.7. The buyer hereby assumes the risk of change of circumstances within the meaning of § 1765, paragraph. 2 of the civil code.
9. The protection of personal data
9.1. The protection of personal data of the buyer, who is a natural person, is provided by act no. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The buyer agrees with processing these personal data: name and surname, address of residence, identification number, tax identification number, electronic mail address, telephone number, etc. (hereinafter collectively referred to as "personal information").
9.3. The buyer agrees with the processing of personal data by the seller, for the purpose of realization of the rights and obligations of the purchase contract and for the purposes of the management of the user account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purpose of sending information and business communication to the buyer. The consent with the processing of personal data in its entirety under this article is not a condition which itself would prevent the conclusion of the purchase contract.
9.4. The buyer acknowledges that they are obligated to provide their personal data (when registering, in his user account, when ordering from the web shop) correctly and truthfully and that they shall, without undue delay, inform the seller about changes in their personal data.
9.5. The seller may appoint a third party to process the personal data of the buyer, in their capacity as a processor. Except the persons transporting the goods no personal data of the buyer will be passed by the seller on to third parties.
9.6. Personal data will be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
9.7. The buyer confirms that the provided personal data are accurate and that he was advised that this is a voluntary provision of personal data.
9.8. In the case that the buyer thinks that the seller or the processor (art. 9.5) performs the processing of his personal data which is in contradiction with protection of private and personal life of the purchaser or in conflict with the law, especially if personal data are inaccurate with regard to the purpose of their processing, they may:
9.8.1 ask the seller or processor for explanation,
9.8.2 require the seller or processor to remedy the situation.
9.9. If the buyer asks for information about the processing of their personal data, the seller is obliged to deliver this information. The seller has the right to provide information pursuant to the previous sentence, requiring reasonable compensation not exceeding the costs necessary for the provision of information.
10. Sending commercial messages and storing cookies
10.1. The buyer agrees to receive information related to goods, services or company of the seller to the buyer's email address and agrees to receive commercial communications of the seller to the buyer's email address.
The buyer agrees with storing cookies on their computer. In the case that the
purchase on a web page can be made and if the obligations of the seller under
the purchase agreement is possible to perform without storing cookies on the
computer of the buyer, the buyer may any time revoke the consent according to
the previous sentence.
11.1. The buyer
can receive deliveries on the buyer's email address.
12. Final provisions
12.1. If the relationship based on the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by the Czech law.
12.2. Due to the choice of law according to the article. 12.1 of the commercial terms the consumer is not deprived of the protection afforded to him by provisions of law which cannot be derogated from by agreement and which would be, in the case of absence of choice of law, otherwise applied according to the provisions of the article. 6 para. 1 Regulation of the European parliament and Council regulation (EC) no 593/2008 from the 17. June 2008 about the decisive law applicable to contractual obligations (Rome I).
12.3. If any provision of these terms and conditions is invalid or ineffective, or such happens, the invalid provision is replaced by a provision whose meaning is as close to the invalid provision as possible. The invalidity or unenforceability of one provision shall not affect the validity of the other provisions.
12.4. The purchase agreement including the gtc is archived by the seller in electronic form and is not accessible.
12.5. The model form for withdrawal from the purchase contract is annexed to the business conditions.
12.6. Contact information of the seller: address for delivery HANYART.EU s.r.o., Štichova 46/668, 14900 Praha 4, e-mail address firstname.lastname@example.org, contact phone +420734244992.(DE, EN).
In Prague on the 18. December 2018